techadv11

FOGARTY INTERNATIONAL CENTER
International Services Branch

TECHNICAL ADVISORY No. 11

Guidance for J-1 (Research Scholar) Visa Extensions Beyond Three Years

On June 10, 1996, USIA published revised regulations related to extensions of J-1 Research Scholars for the purpose of concluding their original research program before returning to their home countries. USIA may extend, upon justification, the three year duration of the J-1 Research Scholar visa status when "exceptional or unusual circumstances" make the extension necessary "to complete a specific project or research activity." Direct financial support of the research scholar by the United States government or the Research Scholar's home government is viewed by USIA as an "exceptional or unusual" circumstance because such extensions represent a "true exchange." Other examples of exceptional or unusual circumstances include the illness or incapacity of a participant that prevents the individual from working on his or her project for an extended period of time, and catastrophes involving the research project. Because individuals are expected to return home, these extensions are not designed to "buy time" to allow individuals to apply for a waiver of the two-year foreign residence requirement.

Note: The NIH Responsible Officer has the authority to approve a one-time, terminal extension of up to six months (not to exceed a total of 3½ years) for J-1 Research Scholars who began their J-1 programs on March 19, 1993 or thereafter. Once the NIH Responsible Officer approves this six-month extension, further extensions on the J-1 Research Scholar Program will not be possible.

I. JVERC Review of Extension Requests

The Office of Intramural Research (OIR), OD, has established the J-1 Visa Extension Review Committee (JVERC) to evaluate extension requests beyond the normal three-year program limit for NIH's J-1 Research Scholars. Each extension request will be evaluated by the JVERC to ensure that it meets the requirements of the amended J-1 regulations.

Requests for USIA authorization to extend the stay of a J-1 Research Scholar beyond three years must be submitted to the JVERC no less than 120 days prior to the expiration of the

J-1 Research Scholar's current stay (i.e., expiration date of Form IAP-66). Requests for extension will be considered only for scientists who meet the criteria specified by USIA, and who are considered by their laboratory/branch chief and scientific director to have superior scientific potential, judged in part by their productivity. The IC must present evidence, acceptable to the JVERC and to USIA, that extension is necessary to permit the individual to complete his or her original research program or research activity before returning home. Justification of continuity of the research program is critical for individuals who have transferred to NIH from another institution.

The following additional factors will be considered by the JVERC in evaluating the qualifications of a candidate in a training position (e.g., Visiting Fellow) and determining whether a J-1 extension should be requested from USIA:

1) Evidence that the program designed for the fellow provides suitable training, that the additional training is important for the Exchange Visitor's scientific development, and that the proposed plan for the extension would provide this training. For example, additional time might be warranted because of the complicated and time-consuming nature of the experiments. This justification is of paramount importance as the rationale for the J-1 visa is training rather than provision of services.
(2) A statement describing the career goals of the individual and the importance of additional training in attaining these goals. For example, J-1 visa holders are expected to return home (i.e., fulfill the two-year foreign residence requirement) upon completion of their program, as this is a requirement for individuals who receive U.S. or foreign government funding. A letter from the future employer in the home country requesting additional training to enhance the individual's value upon return to the home country would be considered a strong justification for extension.

II. Extension Request Procedures

Requests for extension of the J-1 Exchange Visitor Visa beyond three years must be submitted to Dr. Matthew Rechler, Chairman, JVERC, OIR (Bldg. 1, Room 140), no less than 120 days prior to the end date of the Exchange Visitor's Form IAP-66. All requests must include a memorandum describing the training to be provided during the extension period, and how the extension is important to the career objectives of the Exchange Visitor.

The IC should prepare a renewal package to include:

1) JVERC cover sheet "Request for Extension of J-1 Exchange Visitor Visa for a Fourth and Fifth Year" (see attached)

Note: The requested duration of the extension should be consistent with the time specified on Forms 829-1, 829-2 or 590 and represent a commitment of programmatic and financial support for the specified period.

2) Statement (on the cover sheet), signed by the Exchange Visitor, that he or she has not applied for a waiver of the two-year home country residence requirement.

3) Memorandum from the IC Scientific Director to the Chairman, JVERC, which must:

(a) describe the research to be conducted, emphasizing how it represents a continuation of the Exchange Visitor's ongoing program;

(b) discuss how the present and proposed research meet the individual's training/research objectives;

(d) evaluate the individual's potential as an independent research investigator in the home country.

4) Visiting Fellow: NIH Form 829-2, "Request for Visiting Fellowship Award," and attachments.

Visiting Scientist: NIH Form 829-1, "Request for Appointment to the NIH Visiting Program and attachments.

Special Volunteer or Guest Researcher: NIH Form 590, "Special Volunteer and Guest Researcher Assignment" plus "Request for Visa Assistance Memorandum," including proof of foreign government funding.

5) Updated curriculum vitae and bibliography

6) Clear copies (front and back) of all USIA Forms IAP-66

7) Relevant supplemental material (such as letters from the home country indicating how critical additional training/research will be to the leadership role that the returning scientist will assume) can be included.

Requests that are approved by the JVERC will be sent by the International Services Branch (ISB), Fogarty International Center, to USIA for approval. Upon receipt of USIA approval, ISB will prepare the necessary documents to extend the J-1 status and the award or appointment.

Questions should be addressed to Dr. Matthew Rechler, Chairman, JVERC (mrechler@helix.nih.gov), Dr. Philip Chen (pchen@box-p.nih.gov), or Ms. Sylvia Funk (sylvia_funk@nih.gov).

REQUEST FOR EXTENSION OF J-1 EXCHANGE VISITOR VISA FOR A FOURTH OR FIFTH YEAR

Date:_______________________________________________________________________________

From:__________________________________, Scientific Director, __________________________

Name and degree(s) of Candidate:_____________________________________________________

Expiration Date of Current IAP-66:____________________________________________________

Position:____________________________________________________________________________

Lab/branch IC (sponsor/supervisor):__________________________________________________

Source of funding:___________________________________________________________________

Visa history in U.S.:

___________________________________________________________________________________

____________________________________________________________________________________

Length of stay requested:_____________________________________________________________

"I have not applied for a waiver of my two-year home-country residence requirement."

______________________________ __________________

(Signature of Exchange Visitor) (Date)

Date received:_______________________________________________

Peer Review Committee Action:

Recommend for terminal six-month extension:___________

Recommend extension for ______ year(s)

Signature: ________________________________________________________________________

Chairman, J-1 Visa Extension Review Committee (JVERC)

Revised July 30, 1997